Guidance Notes

Assumptions we make when you register as a consultant

These are, that:

• if you have not ticked the ‘Non-EEA National’ box in the consultant registration form, you have a right to work in the UK free of any restrictions and are entitled to carry out consultancy on a self-employed basis

• you have any necessary qualifications and professional body memberships for the consultancy you choose to provide

• you have read the Research Services guidance for consultancy activity

• you have an employment contract/ formal affiliation with the University of Oxford during the consultancy

If any of the above assumptions are incorrect, please let us know immediately.

Support we will provide

We will provide project management support to carry out the following:

• negotiate the commercial terms and legal agreement with the client in consultation with you

• bring your work within the University’s insurance arrangements

• help manage legal and financial risk

• provide on-going contract support and administration – eg invoicing and processing payments

• help you identify consultancy opportunities

What we cannot do

Due to legal requirements or practical considerations we cannot:

• assist you in supervising or managing the consultancy work itself

• advise you on tax matters – it is extremely important that you take independent professional advice on your personal income tax, national insurance and related tax liabilities that will arise as result of the consultancy as early as possible

• guarantee availability of consultancy work

What you are required to do

You should:

• refrain from commencing the consultancy work until the legal agreements have been signed

• always act with the highest standards of integrity – this duty overrides everything else as your reputation and that of the University is paramount

• register as self-employed with the UK tax authorities – if you have not already done so

• as far as possible guard against leaking unpublished background intellectual property to the client – if you need to use background IP to perform the consultancy work, then speak with your project manager on how best to manage this – IP is a valuable resource and should be treated as such

• ensure that you have read and understood the client contract (see ‘legal awareness’ below) – key topics in client contracts may include:

  • not working for competitors of the client; keeping proper records of the work done

  • ensuring confidentiality of all intellectual property and other information flows

  • complying with data protection restrictions

  • complying with the integrity policies of the client and industry sector

• refrain from using University facilities to provide the consultancy work unless agreed with your project manager and departmental administrator

• not make any management or operational decisions for the client

Financial and payment awareness

You should report time spent on a project and expenses incurred (if appropriate) to us and we will then invoice the client.

The price we charge to the client (the ‘Client Price’) for providing the Services includes a contribution to our costs.

We will make payment to you of 90% of the Client Price and 100% of allowed expenses, directly to your bank account, within 40 days of receipt of the payment from the client.

For the avoidance of doubt, we will not pay you unless it has received payment from the client. We will not deduct any NI or income tax.

Legal awareness

Please note as follows:

• You will need to register as self-employed for tax and legal purposes. The consultancy work will not form part of your University employment.

• The contractual arrangement comprises two parts. Firstly, we enter into a client facing contract. Under this, we commit to the client to provide the consultancy work that you wish to do and specify you as the provider. You will not be a party to that contract, thereby mitigating your level of risk. While we offer the client a standard consultancy contract, clients frequently insist on using their own standard consulting contracts, which need to be negotiated by us.

• Secondly, there is a separate agreement between us and you. This is a legal back-to-back arrangement reflecting the contract that we sign with the client. Your project manager will keep you updated on the contract negotiations with the client so that when you come to sign the back to back agreement with us, there should be no surprises.

• Notwithstanding the above arrangements, there remain risks to which you must be alert as they carry potentially serious financial consequences. Principally these risks arise should you be careless in:

* keeping confidential, or using, the client’s confidential information or intellectual property

* following on-site health and safety policies of the Client

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